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Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 12 March, 2026
Page No.# 1/3
GAHC010048092026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/525/2026
SUFIA BEGUM AND ANR
W/O AFZAL HUSSAIN
R/O RANGIA TOWN, WARD NO. 2, P.O. AND P.S. RANGIA, DIST. KAMRUP,
ASSAM
2: AFZAL HUSSAIN
S/O LATE PEAR ALI
R/O RANGIA TOWN
WARD NO. 2
P.O. AND P.S. RANGIA
DIST. KAMRUP
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MS G DEKA, MS M DEB
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 12.03.2026.
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Heard Ms. G. Deka, learned counsel for the petitioners. Also heard Mr. P.
Borthakur, learned Addl. P.P., Assam appearing on behalf of the State
respondent.
This is an application under Section 482 of BNSS, 2023 praying for grant of pre-
arrest bail to the accused/petitioners, namely, Sufia Begum and Afzal Ali who
are apprehending arrest in connection with the Rangia P.S. Case No. 22/2026,
registered under Sections 115(2)/89/3(5) of the BNS, 2023.
Call for the case diary, fixing the matter on 09.04.2026.
It is submitted by Ms. Deka, the learned counsel for the petitioners that the
present accused petitioners are innocent and from the FIR itself, it is seen that
the allegation is mainly brought against one Safiya Khatun, who is the second
wife of one Ubaidullah, who is the son of petitioner No.1. The learned counsel
further submitted that it is a fact that there was a quarrel between the two
wives said Ubaidullah and the present two petitioners are the mother-in-law and
relative of the present informant and they are no way related to the present
office. However, the petitioners ready to cooperate with the I.O. in the
investigation of the present case, if they are provided with some interim
protection.
On the other hand, Mr. Borthakur, the learned Addl. P.P., Assam raised vehement
objection and prays for calling the case diary to know the real fact of the case.
Considering the submissions made by learned counsel for both sides, this Court
find it to be a fit case where the privilege of interim pre-arrest bail to the
petitioners may be granted, till receipt of the case diary, giving them an
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opportunity to cooperate with the investigation of this case.
Accordingly, it is provided that in the event of arrest of the accused/petitioners,
named above, in connection with the Rangia P.S. Case No. 22/2026, they shall
be enlarged on interim pre-arrest bail on executing a bond of Rs. 20,000/-
(Rupees twenty thousand) only, with one surety of like amount for each of
them, to the satisfaction of the arresting authority, subject to the following
conditions:-
(i) that the petitioners will make themselve available for
interrogation by the Investigating Officer within 7 (seven) days;
(ii) that the petitioners will fully co-operate with the investigation of
the case and shall appear before the Investigating Officer as and
when required in connection with the investigation of the aforesaid
P.S. case; and
(iii) that the petitioners will not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her/them from disclosing
such facts to the Court or to any police officer.
List the matter on 09.04.2026, for case diary.
JUDGE
Comparing Assistant
